October 25, 2022
President Welburn called the regular meeting of the Marcellus Village Council to order at 7:00 p.m. on October 25, 2022, at the Marcellus Village Hall Council Room. Trustees present: Simmons, Irwin, Haley and Webb. Trustees Absent: Thomas and Oswalt.
Agenda
Motion by Simmons, supported by Haley, to approve the agenda as presented. Ayes: All. Nays: None. Motion carried.
Minutes
Motion by Webb, supported by Simmons, to approve and place on file the minutes of the October 11, 2022, Regular Meeting. Ayes: All. Nays: None. Motion carried.
Bills
Motion by Simmons, supported by Irwin, to authorize the payment of bills in the amount of $33,229.94. Roll call vote – Ayes: Haley, Webb, Welburn, Irwin and Simmons. Nays: None. Motion carried.
Motion by Simmons, supported by Irwin, to approve the corrected bills report in the amount of $43,106.88 for September 27, 2022. Roll call vote – Ayes: Irwin, Oswalt, Webb, Simmons, Haley and Welburn. Nays: None. Motion carried.
Public Comment
1. A Worden Street resident addressed the Village council with concerns of regarding asbestos abatement should the Village be required to demolish a blighted property on that street (201 Worden Street).
2. The owner of the building that shares a wall with the building at 140 East Main Street, (formerly Tailgater) expressed his frustration with the deteriorating condition of the building that has caused water runoff problems in the basement of the building her owns. He is concerned that the building’s conditions will cause further damage to his property. He expressed interest in finding a way to preserve the building.
Beth Middleton – Zoning Solutions, LLC
Beth Middleton of Zoning Solutions, LLC, updated the Council on issues and projects she has been working on, including:
1. 201 Worden Street – Zoning Solutions, LLC is seeking a court order for demolition of the blighted home at 201 Worden Street. The homeowner and her family are aware, and they were waiting on the building and electrical inspectors to finish their reports. In addition, the Village will be able to apply for a blight elimination grant for the demolition of the property.
2. The Village’s Ordinance Enforcement Official will be issuing citations to the owners of two properties on Centre Street that were damaged by fire and over a year ago and still not cleaned up, one of which will require the Village to seek a court order for demolition.
3. An administrative search warrant was obtained for entry into the building at 140 East Main Street (formerly Tailgater). The inspection revealed extensive damage to the roof, a substantial amount of mold, and evidence of squatters in the upstairs portion of the building. The Village’s Building Official has partially boarded-up the building and intends to finish board-up processes in the next couple of weeks, and the Zoning Official will obtain another Administrative Search warrant so that the Village’s building and electrical officials can inspect the building and report on the conditions.
4. The Planning Commission has been working diligently all year on its Master Plan Review and Update activities with the goal of having them completed by the end of the year. The rough draft will be complete this week, The Planning Commission will hold a public input meeting on November 19, 2022.
The Planning Commission is also working on a formal interpretation for the fencing regulations in the village’s Zoning Ordinance.
Frank Renaldi, of Wightman & Associates, Inc., – Intent to Apply for DWSRF Round 2
Motion by Webb, supported by Welburn, to authorize the Village President and/or Village Clerk to sign and submit the Intent to Apply form to the State of Michigan EGLE for Round Two, DWSRF funds for the Village’s Water Treatment Plant, Meters and Mains that are not included in the Village’s current DWSRF water project. Roll call vote – Ayes: Simmons, Haley, Irwin, Webb and Welburn. Nays: None. Motion carried.
Consent Agenda
Motion by Webb, supported by Haley, to approve all items listed on the consent agenda. Ayes: All. Nays: None. Motion carried.
President’s Report
Motion by Irwin, supported by Haley, to approve the Water Shutoff Policy for Lookback Period, Payment Arrangements and Shutoff Fees. Roll call vote – Ayes: Webb, Simmons, Haley, Welburn and Irwin. Nays: None. Motion carried.
Village Manager/Clerk Position
President Welburn requested the Village Council approve the appointment of Jacqueline Terrill to the position of Village Manager/Clerk with a salary of $62,920 per year and the addition of a week per year of vacation. Webb moved, supported by Irwin, to approve the appointment when the updated Village Manager Ordinance goes into effect, with the salary and benefits updates effective October 26, 2022. Roll call vote – Ayes: Simmons, Webb, Haley, Irwin and Welburn. Nays: None. Motion carried.
Ordinance 244 – Ordinance Amending the Village Manager Ordinance
Motion by Irwin, supported by Webb, to adopt Ordinance No. 244, An Ordinance Amending Ordinance No. 159 to remove any residency requirement for the Village Manager. The Ordinance shall take effect 45 days after the date of its adoption and approval. If a petition, opposing the ordinance is signed by not less than ten percent of the registered electors of the Village of Marcellus, is filed with the Village Clerk within the 45-day period, this Ordinance shall not become effective until after the Ordinance is approved at an election held on the questions as provided by law. Roll call vote – Ayes; Welburn, Haley, Webb, Simmons and Irwin. Nays: None. Motion carried.
Clerk’s Report
Body Worn Cameras
Motion by Webb, supported by Irwin, to authorize the purchase of three body-worn cameras and clips at a cost of $1,586.85. Roll call vote – Ayes: Webb, Irwin, Simmons, Haley and Welburn. Nays: None.
Motion carried.
Resolution 2022-08, Body-Worn Camera Policy
Motion by Irwin, supported by Welburn, to adopt the updated Body-Worn Camera Policy Resolution No. 2022-08, A Resolution adopting the “Law Enforcement Body-Worn Camera Privacy Act,” PA 85 of 2017, as amended, and order to ensure that the Marcellus Village recordings are accounted for, catalogued and their retention managed. The resolution has been updated to include the Village’s DPW Personnel, while entering private properties for in-home water, cross-connection, sewer and/or storm inspections. Roll call vote – Ayes: Webb, Irwin, Simmons, Haley and Welburn. Motion carried.
2023 Budget Workshops and Budget Hearing
Motion by Webb, supported by Haley, to schedule the 2023 Budget Workshops on November 8, 2022, and November 22, 2022, during Regular Village Council Meetings, and a Budget Hearing on December 13, 2022, all at 7:30 p.m., notices to be posted as required and notice of Budget Hearing to be published in The Marcellus News. Roll call vote – Ayes: Irwin, Simmons, Haley, Welburn and Webb. Nays: None. Motion carried.
December 29, 2022, Village Council Meeting
Clerk Terrill reported the December 29, 2022, Village Council meeting is listed/advertised as being on a Wednesday and corrected the meeting day to Thursday, December 29, 2022. Motion by Webb, supported by Irwin, to update the day of the week to Thursday, December 29, 2022.
2023 Meeting Dates
Motion by Webb, supported by Irwin, to ratify and confirm the 2023 Village Council meeting dates schedule and to publish the same in The Marcellus News and on the Village’s website and post at the Village Hall. Roll call vote – Ayes: Irwin, Haley, Welburn, Simmons and Webb. Nays: None. Motion carried.
Building 4 Tenant – Lease and Insurance
Motion by Simmons, supported by Irwin, directing the Village Clerk to notify the one tenant of Building Four at the Village’s Railroad Street property that if he does not comply with the Village’s requests for proof of liability insurance by November 1, 2022, the Village will begin eviction procedures. This tenant has been without insurance for over a year and has not complied with numerous requests to obtain the insurance as required by his lease. Ayes: All. Nays: None. Motion carried.
Planning Commission
At Planning Commission Chair James R. Thomas, Jr.’s request, President Welburn reappointed Muriel Oswalt in James R. Thomas, Sr.’s place on the Planning Commission.
Motion by Irwin, supported by Haley, to ratify and confirm that appointment. Roll call vote – Ayes: Welburn, Irwin, Simmons, Haley and Webb. Nays: None. Motion carried.
Adjournment
Motion by Simmons, supported by Welburn, to adjourn at 8:30 p.m. Ayes: All. Nays: None. Motion passed.
Jacqueline A. Terrill
Village Clerk
Ronald Welburn
Village President
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